National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2021

[Act 4 of 2021]???????

[12th March, 2021]

An Act further to amend the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011.

BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:-

Section - 1. Short title and commencement.-

(1)     This Act may be called the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2021.

(2)     It shall be deemed to have been come into force on the 29th day of December, 2020.

Section - 2. Amendment of long title.-

In the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 (20 of 2011) (hereinafter referred to as the principal Act), in the long title, for the words, figures and letters ?for a further period up to the 31st day of December, 2020?, the words, figures and letters ?for a further period up to the 31st day of December, 2023? shall be substituted.

Section - 3. Amendment of Preamble.-

In the principal Act, in the Preamble,--

(a)      for fourth paragraph to eighth paragraph, the following paragraphs shall be substituted, namely:-

?AND WHEREAS the exercise to formulate the Master Plan for Delhi with the perspective for the year 2041 is under progress;

AND WHEREAS the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 (45 of 2019) was enacted to recognise and confer rights of ownership or transfer or mortgage to the residents of unauthorised colonies as one time special measure;

AND WHEREAS in supersession of the Regulations for Regularisation of Unauthorised Colonies in Delhi notified on 24th March, 2008, the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 notified in the Gazette of India on 29th October, 2019;

AND WHEREAS the process of conferring the ownership rights to the residents of unauthorised colonies and the finalisation of the Development Control Norms for unauthorised colonies as provided in the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 is under progress and will take time;

AND WHEREAS based on the policy finalised by the Central Government regarding village abadi area and their extensions, the Building Regulations for Special Area, Unauthorised Regularised Colonies and Village Abadis, have been made by the Delhi Development Authority under sub-section (1) of Section 57 of the Delhi Development Act, 1957 (61 of 1957) notified in the Gazette of India vide S.O. 97(E), dated the 17th January, 2011;

AND WHEREAS more time is required for completion of action envisaged for unauthorised colonies, village abadi area and their extensions and special areas;?;

(b)      for eleventh paragraph, the following paragraph shall be substituted, namely:-

?AND WHEREAS the revised policy regarding farm houses is being prepared by the Delhi Development Authority and its finalisation is likely to take more time;?;

(c)      in twelfth paragraph, for the words and figures ?the Master Plan for Delhi, 2021?, the words ?the Master Plan? shall be substituted;

(d)      after thirteenth paragraph, the following paragraph shall be inserted, namely:-

?AND WHEREAS the policy with respect to the norms for godown clusters existing in non-conforming areas has been notified by the Central Government on 21st June, 2018;?;

(e)      in twenty-first paragraph,--

(i)       for the words and figures ?the Master Plan for Delhi, 2021?, the words ?the Master Plan? shall be substituted;

(ii)      for the words, figures and letters ?the 31st day of December, 2020?, the words, figures and letters ?the 31st day of December, 2023? shall be substituted.

Section - 4. Amendment of Section 1.-

In the principal Act, in Section 1, in sub-section (4), in the opening portion, for the words, figures and letters ?It shall cease to have effect on the 31st day of December, 2020?, the words, figures and letters ?It shall cease to have effect on the 31st day of December, 2023? shall be substituted.

Section - 5. Amendment of Section 2.-

In the principal Act, in Section 2, in sub-section (1), for clause (e), the following clause shall be substituted, namely:-

?(e) ?Master Plan? means the Master Plan for Delhi as notified under the Delhi Development Act, 1957 (61 of 1957);?.

Section - 6. Amendment of Section 3.-

In the principal Act, in Section 3,--

(a)      in sub-section (1),--

(i)       in clause (a), for the words and figures ?the Master Plan for Delhi, 2021?, the words ?the Master Plan? shall be substituted;

(ii)      for clause (c), the following clause shall be substituted, namely:-

?(c) orderly arrangements in accordance with the provisions of the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 (45 of 2019), the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019 and the regulations for village abadi area (including urban villages) and their extensions as per the following cut-off dates:-

(i)       for unauthorised colonies as provided in the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019;

(ii)      for village abadi area (including urban villages) and their extensions as existed on the 31st day of March, 2002 and where construction took place even beyond that date and up to 1st day of June, 2014;?;

(b)      in sub-section (2), for clause (ii), the following clause shall be substituted, namely:-

?(ii) in respect of unauthorised colonies identified under the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019, in respect of village abadi area (including urban villages) and their extensions, which existed on the 31st day of March, 2002, and in aforesaid categories, where construction took place up to 1st day of June, 2014, as mentioned in sub-section (1);?;

(c)      in sub-section (3), for the words, figures and letters ?till the 31st day of December, 2020?, the words, figures and letters ?till the 31st day of December, 2023? shall be substituted;

(d)      in sub-section (4), for the words, figures and letters ?at any time before the 31st day of December, 2020?, the words, figures and letters ?at any time before the 31st day of December, 2023? shall be substituted.

Section - 7. Repeal and saving.-

(1)     The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Ordinance, 2020 (Ord. 15 of 2020) is hereby repealed.

(2)     Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the provisions of this Act.